توحيد العقوبات السالبة للحرية في تالشريع الأردني و المقارن توفيقا مع مبدأ إصلاح المحكوم عليه و تأهيله اجتماعيا

Abstract EN

The penalties of deprivation of freedom occupy a privileged position among other penalties in the legislation situation, especially after the exclusion of corporal punishment in the vast majority of them.

The traditional view perceives the range of these sanctions in accordance with the gravity of the crime committed, and increase in severity when the damage caused is important and therefore consistent with the desired goal of punishment at that time to achieve general deterrence and to satisfy justice.

However, the target for punishment is to achieve deterrence in order to reform the offender and to allow for his rehabilitation, and this requires the removal of differences between the penalties of deprivation of freedom, and standardization in taking away the freedom of the sentenced person.

The idea of the unification of these sanctions in is done according to the severity of the crime of the offender, and not on the basis of the gravity of the crime.

Although the advocacy of this idea has stirred up controversy, there has been an echo in many international conferences, and this has affected the legislation.

There is no distinction between the penalties that deprive one’s freedom.

Furthermore, some legislations have reduced the number of these penalties to keep pace with recent development.

However, other legislations have been kept such as the system of multiple legislations, including the Jordanian Legislation which has taken concrete steps towards the consolidation and unification of these sanctions